54 Amendments of Birgit COLLIN-LANGEN related to 2011/0284(COD)
Amendment 343 #
Proposal for a regulation
Recital 8
Recital 8
(8) To overcome these contract-law-related barriers, parties to distance contracts should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties in distance contracts and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross-border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.
Amendment 346 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation establishes a Common European Sales Law for distance contracts and thus for online contracts in particular. It harmonises the contract laws of the Member States not by requiring amendments to the pre-existing national contract law, but by creating within each Member State's national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contract.
Amendment 349 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. This is true in particular in the area of distance selling, which has especially great potential. The cross-border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross- border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.
Amendment 350 #
Proposal for a regulation
Recital 16
Recital 16
(16) TIn the field of distance selling the Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross- border trade, especially in e- commerce.
Amendment 354 #
Proposal for a regulation
Recital 23
Recital 23
(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consentDoes not apply to English text. Linguistic correction to German original. See Ams. 333 and 335 in AM/928470.
Amendment 355 #
Proposal for a regulation
Recital 26
Recital 26
(26) The rules of the Common European Sales Law should cover the matters of contract law in the field of distance selling that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non- performance, the Common European Sales Law should therefore govern pre- contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.
Amendment 356 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope of the regulation beyond the sphere of distance selling and in relation to business-to- business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning of the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for cross- border transactions in the area of distance selling, particularly online, for the sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so.
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘distance contract’ means any contract between the trader and the consumer or another trader under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in caswhere the trader is a legal person, a natural person representing the trader, and the consumer or the other trader or, where the trader is a legal person, the natural person representing the trader, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Amendment 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point q
Article 2 – paragraph 1 – point q
Amendment 369 #
Proposal for a regulation
Article 2 – paragraph 1 – point r
Article 2 – paragraph 1 – point r
Amendment 370 #
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) 'public auction' means a method of sale where goods or, digital content or services are offered by the trader to the consumer who attends or is given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or, digital content or services;
Amendment 371 #
Proposal for a regulation
Article 2 – paragraph 1 – point y a (new)
Article 2 – paragraph 1 – point y a (new)
(ya) ‘excused’, when applied to an action or omission, means objectively not attributable to the person acting or omitting to act.
Amendment 377 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Common European Sales Law may be used for: the following distance contracts, including online contracts:
Amendment 381 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 383 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. This article shall not apply where a contract relates to the supply of foodstuffs, beverages or other goods which are intended for current consumption in the household, and which are physically supplied by a trader on frequent and regular rounds to the consumer's home, residence or workplace.
Amendment 387 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope beyond the area of distance selling, in relation to business- to-business contracts, market and technological developments and in respect of digital content and future developments of the Union acquis.
Amendment 391 #
Proposal for a regulation
Annex 1 – Article 13 – title
Annex 1 – Article 13 – title
Duty to provide information when concluding a distance or off-premises contract
Amendment 392 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 1
Annex 1 – Article 13 – paragraph 1
1. A trader concluding a distance contract or off-premises contract has a duty to provide the following information to the consumer, in a clear and comprehensible manner before the contract is concluded or the consumer is bound by any offer:
Amendment 394 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 3
Annex 1 – Article 13 – paragraph 3
3. For a distance contract, tThe information required by this Article must:
Amendment 395 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 4
Annex 1 – Article 13 – paragraph 4
Amendment 396 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point b
Annex 1 – Article 13 – paragraph 5 – point b
Amendment 397 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c
Annex 1 – Article 13 – paragraph 5 – point c
Amendment 398 #
Proposal for a regulation
Annex 1 – Article 13 – paragraph 5 – point c a (new)
Annex 1 – Article 13 – paragraph 5 – point c a (new)
(ca) a contract which, in accordance with the laws of Member States, is established by a public office-holder who has a statutory obligation to be independent and impartial and who must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful legal consideration and with knowledge of its legal scope. The same shall apply to the conclusion of a contract before a court.
Amendment 400 #
Proposal for a regulation
Annex 1 – Article 17 – title
Annex 1 – Article 17 – title
Information about rights of withdrawal when concluding a distance or off- premises contract
Amendment 401 #
Proposal for a regulation
Annex 1 – Article 17 – paragraph 2
Annex 1 – Article 17 – paragraph 2
2. Where applicable, the information to be provided under point (e) of Article 13(1) must include the fact that the consumer will have to bear the cost of returning the goods in case of withdrawal and, for distance contracts, that the consumer will have to bear the cost of returning the goods in the event of withdrawalonly if the goods by their nature cannot be normally returned by post.
Amendment 402 #
Proposal for a regulation
Annex 1 – Article 18
Annex 1 – Article 18
Amendment 403 #
Proposal for a regulation
Annex 1 – Article 19 – title
Annex 1 – Article 19 – title
Amendment 404 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 1
Annex 1 – Article 19 – paragraph 1
1. When a trader makes a telephone call to a consumer, with a view to concluding a distance contract, the trader must, at the beginning of the conversation with the consumer, disclose its identity and, where applicable, the identity of the person on whose behalf it is making the call and the commercial purpose of the call.
Amendment 405 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 2
Annex 1 – Article 19 – paragraph 2
2. If the distance contract is concluded through a means of distance communication which allows limited space or time to display the information, the trader must provide at least the information referred to in paragraph 3 of this Article on that particular means prior to the conclusion of such a contract. The other information referred to in Article 13 shall be provided by the trader to the consumer in an appropriate way in accordance with Article 13(3).
Amendment 406 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 4
Annex 1 – Article 19 – paragraph 4
4. A distance contract concluded by telephone is valid only if the consumer has signed the offer or has sent his written consent indicating the agreement to conclude a contract. The trader must provide the consumer with a confirmation of that agreement on a durable medium.
Amendment 407 #
Proposal for a regulation
Annex 1 – Article 19 – paragraph 5
Annex 1 – Article 19 – paragraph 5
5. The trader must give the consumer a confirmation of the contract concluded, including where applicable, of the consent and acknowledgement of the consumer referred to in point (d) of Article 40(3), and all the information referred to in Article 13 on a durable medium. The trader must give that information in reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the supply of digital content or the provision of the related service begins, unless the information has already been given to the consumer prior to the conclusion of the distance contract on a durable medium.
Amendment 408 #
Proposal for a regulation
Annex 1 – Article 20
Annex 1 – Article 20
Amendment 409 #
Proposal for a regulation
Annex 1 – Article 24 – title
Annex 1 – Article 24 – title
Additional duties to provide information in distance contracts concluded by electronic means
Amendment 410 #
Proposal for a regulation
Annex 1 – Article 25 – title
Annex 1 – Article 25 – title
Additional requirements in distance contracts concluded by electronic means
Amendment 411 #
Proposal for a regulation
Annex 1 – Article 25 – paragraph 1
Annex 1 – Article 25 – paragraph 1
1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.
Amendment 415 #
Proposal for a regulation
Annex 1 – Chapter 4
Annex 1 – Chapter 4
Right to withdraw in distance and off- premises contracts between traders and consumers
Amendment 416 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1
Annex 1 – Article 40 – paragraph 1
1. During the period provided for in Article 42, the consumer has a right to withdraw from the contract without giving any reason, and at no cost to the consumer except as provided in Article 45, from:.
Amendment 417 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point a
Annex 1 – Article 40 – paragraph 1 – point a
Amendment 418 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 1 – point b
Annex 1 – Article 40 – paragraph 1 – point b
Amendment 419 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 2 – point a
Annex 1 – Article 40 – paragraph 2 – point a
Amendment 422 #
Proposal for a regulation
Annex 1 – Article 40 – paragraph 3 – point e
Annex 1 – Article 40 – paragraph 3 – point e
Amendment 425 #
Proposal for a regulation
Annex 1 – Article 44 – paragraph 4
Annex 1 – Article 44 – paragraph 4
Amendment 427 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point a – point ii
Annex 1 – Article 45 – paragraph 6 – point a – point ii
(ii) the consumer has not expressly requested performance to begin during the withdrawal period in accordance with Article 18(2) and Article 19(6);
Amendment 428 #
Proposal for a regulation
Annex 1 – Article 45 – paragraph 6 – point b – point iii
Annex 1 – Article 45 – paragraph 6 – point b – point iii
(iii) the trader has failed to provide the confirmation in accordance with Article 18(1) and Article 19(5).
Amendment 429 #
Proposal for a regulation
Annex 1 – Article 46 – paragraph 1
Annex 1 – Article 46 – paragraph 1
1. Where a consumer exercises the right of withdrawal from a distance or an off- premises contract in accordance with Articles 41 to 45, any ancillary contracts are automatically terminated at no cost to the consumer except as provided in paragraphs 2 and 3. For the purpose of this Article an ancillary contract means a contract by which a consumer acquires goods, digital content or related services in connexion to a distance contract or an off-premises contract and these goods, digital content or related services are provided by the trader or a third party on the basis of an arrangement between that third party and the trader.
Amendment 441 #
Proposal for a regulation
Annex 1 – Article 77 – paragraph 1
Annex 1 – Article 77 – paragraph 1
1. Where, in a case involving continuous or repeated performance of a contractual obligation, the contract terms do not stipulate when the contractual relationship is to end or provide for it to be terminated upon giving notice to that effect, it may be terminated at any time by either party by giving a reasonable period of notice not exceeding twohree months.
Amendment 450 #
Proposal for a regulation
Annex 1 – Article 93 – point a
Annex 1 – Article 93 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer’s place of residence at the time of the conclusion of the contract;
Amendment 451 #
Proposal for a regulation
Annex 1 – Article 94 – point a
Annex 1 – Article 94 – point a
(a) in the case of a consumer sales contract or a contract between a trader and a consumer for the supply of digital content which is a distance or off- premises, or in the case of a contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer;
Amendment 492 #
Proposal for a regulation
Annex 1 – Article 142 – paragraph 3
Annex 1 – Article 142 – paragraph 3
Amendment 514 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 3
– If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: "You will have to bear the direct cost of returning the goods, ___ EUR [insert the amount]."; or if the cost of returning the goods cannot reasonably be calculated in advance: "You will have to bear the direct cost of returning the goods. The cost is estimated to a maximum of approximately ___ EUR [insert the amount]"; or
Amendment 515 #
Proposal for a regulation
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Annex 1 – Appendix 1 – paragraph 10 – point 5 – point b – indent 4
Amendment 516 #
Proposal for a regulation
Annex 2 – paragraph 5
Annex 2 – paragraph 5
The trader has to give you the important informatinform you in detail about the key provisions onf the contract agreed with you, for instance on the product and its price including all taxes and charges and his contact details. The information has to be more detailed when you buy something outside the trader's shop or if you do not meet the trader personally at all, for instance if you buy online or by telephone. You are entitled to damages if this information is incomplete or wrong.
Amendment 517 #
Proposal for a regulation
Annex 2 – paragraph 7
Annex 2 – paragraph 7